HB4348 PS AM 2-17
Roskovensky 3338
The Committee on Political Subdivisions moves to amend the
bill on page 1, line 16, by striking everything after the enacting
clause and inserting in lieu thereof the following:
"That §24-3-10 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
§24-3-10. Termination of water service for delinquent sewer bills.
(a) In the event that any publicly or privately owned utility,
city, incorporated town, municipal corporation or public service
district owns and operates either water facilities or sewer
facilities, and a privately owned public utility or a public
utility that is owned and operated by a homeowners' association
owns and operates the other kind of facilities, either water or
sewer, then the privately owned public utility or the homeowners'
association may contract with the publicly or privately owned
utility, city, incorporated town, or public service district which
provides the other services to shutoff and discontinue the
supplying of water service for the nonpayment of sewer service fees
and charges.
(b) Any contracts entered into by a privately owned public
utility or by a public utility that is owned and operated by a
homeowners' association pursuant to this section must be submitted
to the Public Service Commission for approval.
(c) Any privately owned public utility or any public utility that is owned and operated by a homeowners' association which
provides water and sewer service to its customers may terminate
water service for delinquency in payment of either water or sewer
bills.
(d) Where a privately owned public utility or a public utility
that is owned and operated by a homeowners' association is
providing sewer service and another utility is providing water
service, and the privately owned public utility or the homeowners'
association providing sewer service experiences a delinquency in
payment, the utility providing water service, upon the request of
the homeowners' association or the privately owned public utility
providing sewer service to the delinquent account, shall terminate
its water service to the customer having the delinquent sewer
account.
(e) Any termination of water service must comply with all
rules and orders of the Public Service Commission: Provided, That
the commission's rules may not require:
(1) A municipality or governing body to accept payment for
water and/or sewer service at the premises or to knock on the
customer's door prior to in lieu of discontinuing service for non-
payment, if a representative of the municipality or governing body
has previously knocked on that customer's door for the purpose of
discontinuing service within the previous two years;
(2) A water and/or sewer facility which is owned or operated
by a public or private utility, city, incorporated town or
municipal corporation shall provide each customer a thirty day grace period for payment of the customer's water and sewer bill
before charging a late fee;
(3) A water and/or sewer facility which is owned or operated
by a public or private utility, city, incorporated town or
municipal corporation shall provide each customer a thirty day
period for payment of the customer's water and sewer bill before
being required to send out a notice of termination of service."